Fuqua v. City of Birmingham

Alabama Court of Appeals

Fuqua v. City of Birmingham

82 So. 626, 17 Ala. App. 142, 1919 Ala. App. LEXIS 153

CourtAlabama Court of Appeals

DecidedJune 10, 1919

Docket6 Div. 457.

StatusPublished

This text of 82 So. 626 (Fuqua v. City of Birmingham) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fuqua v. City of Birmingham, 82 So. 626, 17 Ala. App. 142, 1919 Ala. App. LEXIS 153 (Ala. Ct. App. 1919).

Pincite

Opinion

BRICKEN, J.

The defendant was tried under section 337, ch. 313, of the Code of the City of Birmingham, which reads as follows:

“No person, firm or corporation shall sell, barter, supply, offer or expose for sale, barter or, supply within the city or the police jurisdiction thereof, or have in their possession for such purpose or' purposes, any milk which contains less than 3.5 per cent, butter fat, or more than 87.5 per cent, water, or less than 12.5 per cent, total solids, and the specific gravity at 60 degrees Fahrenheit shall not be less than 1.029 nor higher than 1.033; all milk of a- lower grade than specified by this section is below standard and shall be regarded as adulterated and impure, and shall be condemned as unfit for food, and destroyed by the meat and milk inspector or his assistants, and the vendor thereof punished as provided in section 359 of the City Code.”

There seems to be no ambiguity in this language of this ordinance, and no indefiniteness or uncertainty as to its provisions. The appellant’s counsel cites no authority and offers no argument in support of the assignments of error, and we know of none.

The fact that section 340 of the Code of Birmingham makes a different provision as to “skimmed milk” does not render section 337 Ineffective. Milk is the liquid secreted by the mammary glands of female mammals for the nourishment of their young. Standard Diet. And when applied to the ordinary milk sold for human consumption, in this country, means the milk as it comes from a female cow, without adulteration or change in its condition. “Skimmed milk” is milk with the cream, or butter fat, extracted, and is too well understood to admij of any con *143 founding of the term or misunderstanding of its meaning.

There is no error in the record, and the judgment is affirmed.

Affirmed.

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BRICKEN, J.

The defendant was tried under section 337, ch. 313, of the Code of the City of Birmingham, which reads as follows:

“No person, firm or corporation shall sell, barter, supply, offer or expose for sale, barter or, supply within the city or the police jurisdiction thereof, or have in their possession for such purpose or' purposes, any milk which contains less than 3.5 per cent, butter fat, or more than 87.5 per cent, water, or less than 12.5 per cent, total solids, and the specific gravity at 60 degrees Fahrenheit shall not be less than 1.029 nor higher than 1.033; all milk of a- lower grade than specified by this section is below standard and shall be regarded as adulterated and impure, and shall be condemned as unfit for food, and destroyed by the meat and milk inspector or his assistants, and the vendor thereof punished as provided in section 359 of the City Code.”

There seems to be no ambiguity in this language of this ordinance, and no indefiniteness or uncertainty as to its provisions. The appellant’s counsel cites no authority and offers no argument in support of the assignments of error, and we know of none.

The fact that section 340 of the Code of Birmingham makes a different provision as to “skimmed milk” does not render section 337 Ineffective. Milk is the liquid secreted by the mammary glands of female mammals for the nourishment of their young. Standard Diet. And when applied to the ordinary milk sold for human consumption, in this country, means the milk as it comes from a female cow, without adulteration or change in its condition. “Skimmed milk” is milk with the cream, or butter fat, extracted, and is too well understood to admij of any con *143 founding of the term or misunderstanding of its meaning.

There is no error in the record, and the judgment is affirmed.

Affirmed.

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Bluebook (online)

82 So. 626, 17 Ala. App. 142, 1919 Ala. App. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuqua-v-city-of-birmingham-alactapp-1919.